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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

13 Del. C. § 8-504: Requirements for genetic testing [Effective Dec. 6, 2026].

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Where this section sits in the code
  1. Title 13. Domestic Relations
  2. CHAPTER 8. Uniform Parentage Act [Effective Dec. 6, 2026].
  3. Subchapter V. Genetic Testing [Effective Dec. 6, 2026].

(a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(1) The AABB, formerly known as the American Association of Blood Banks, or a successor to the AABB’s functions; or

(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.

(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(c) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child-support agency objects to the laboratory’s choice, the following rules apply:

(1) Not later than 30 days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(2) The individual or child-support agency objecting to the laboratory’s choice under this subsection shall:

a. If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

b. Engage another laboratory to perform the calculations.

(3) The laboratory may use the laboratory’s own statistical estimate if there is a question as to which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if possible, for any other ethnic or racial group requested.

(d) If, after recalculation of the relationship index under subsection (c) of this section using a different ethnic or racial group, genetic testing under § 8-506 of this title does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent.

Collected 2026-09-05T23:02:16Z. Source file · JSON

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